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Iowa lawmakers advance bill tightening immigration checks in state government
Proposal follows Des Moines superintendent arrest; draws criticism over due process and workforce impacts
Feb. 10, 2026 5:12 pm
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DES MOINES — Iowa House Republican lawmakers advanced a bill by Gov. Kim Reynolds that would codify an executive order she signed last fall requiring state agencies to verify employment eligibility for new hires through the federal E-Verify system and to confirm immigration status or U.S. citizenship before granting professional licenses.
The proposal follows the high-profile arrest of former Des Moines Public Schools superintendent Ian Roberts on federal immigration and gun charges. Roberts pleaded guilty to falsely claiming to be a U.S. citizen on a federal form and illegally possessing firearms. The controversy exposed gaps in employment and licensing verification systems that critics say allowed Roberts to be hired and licensed despite lacking legal authorization to work in the United States.
Reynolds has said putting the requirements into law would ensure consistent enforcement across state government, rather than relying on executive action that can change between administrations.
House Study Bill 663 also would establish a rebuttable presumption of no bail for people who are in the country unlawfully and are charged with forcible felonies or non-simple misdemeanors, shifting the burden to defendants to persuade a judge they should be released before trial. It also would require anyone submitting a voter registration form to swear an oath affirming they are qualified to vote, have provided truthful information and will support the U.S. and Iowa constitutions. Falsely making that oath would constitute first-degree election misconduct — a Class D felony punishable by up to five years in prison — and the bill would extend the statute of limitations for bringing such charges from three years to five years.
Like Reynolds’ executive order, the bill requires state agencies and the Board of Regents to use the E-Verify system to confirm work authorization for new hires, and to use the federal SAVE system to verify immigration status or U.S. citizenship before granting certain state-issued occupational and professional licenses.
“Over the past nine years, Gov. Reynolds has had a strong focus on the safety and security of Iowans,” Molly Severn, a legislative liaison for the governor’s office, told lawmakers. “With millions of Biden-era illegal immigrants in our country, public safety threats are a reality in every state. The governor intends to codify executive action she has already taken and build on it so that all Iowans can continue to build a life in safety and security.”
Opponents raise concerns about due process
Opponents warned the proposal could erode due process protections and create unequal treatment under the law. Erica Johnson, executive director of Iowa Migrant Movement for Justice, told lawmakers the bill would make Iowa “less welcoming to immigrants” by expanding state oversight of employment, professional licensing, voter registration and bail. She argued the measure raises constitutional concerns, particularly the provision creating a presumption against pretrial release for certain defendants in the country unlawfully, which she said conflicts with the presumption of innocence by shifting the burden onto individuals to prove they should not be jailed.
Johnson contended the bill risks establishing “two separate and unequal criminal justice systems” for citizens and noncitizens, intruding into an area traditionally handled by the federal government. She said Iowa’s health care and elder care sectors — already strained by workforce shortages — rely heavily on immigrant workers who could be affected by expanded verification requirements. Additionally, Johnson cautioned that federal databases used for eligibility checks are known to produce errors.
Evaluations commissioned by the U.S. Department of Homeland Security have found that about 0.8 percent of work-authorized citizens and legal immigrants receive an erroneous “tentative nonconfirmation” — meaning they are incorrectly flagged as ineligible to work. Because of the volume of checks performed nationwide, that percentage translates into tens of thousands of workers each year.
DHS reviews have shown that while some employees are able to resolve those mismatches, others ultimately receive a final nonconfirmation that can jeopardize their employment, often due to name discrepancies or outdated government records.
Rep. Angel Ramirez, D-Cedar Rapids, cited those findings in arguing the bill could create legal and financial fallout.
She warned that even a small error rate could expose the state to disputes from workers wrongly denied employment and impose additional taxpayer costs. She also argued the bill risks unintended consequences that could make Iowa less inclusive and “drive unauthorized immigrants further underground.”
“If we are truly concerned about voter fraud and ensuring that every person is a legal resident, we would be pouring our resources — our time, our energy — into finding better pathways towards citizenship in the state, but we keep trying to have our fingers in federal law, and I'm opposed to that,” Ramirez said.
Concerns about language on bail, constitutional protections
The Iowa Association for Justice and the Iowa Catholic Conference registered undecided but raised alarms about the bail language, including potential conflicts with constitutional protections and the practical costs of expanded detention and added bond review hearings.
Lisa Davis-Cook of the Iowa Association for Justice told lawmakers judges already have authority to set higher bonds in serious felony cases, making a rebuttable presumption against pretrial release unnecessary. Davis-Cook warned the change could increase demands on courts through additional bond review hearings and transportation costs.
She also emphasized that an arrest represents an accusation — not a conviction — and warned that holding people in jail before trial can carry lasting consequences, leading to lost jobs, housing instability and even loss of child custody. Davis-Cook argued that denial of bail should be reserved for the most serious circumstances rather than applied broadly. She also pointed to Article I, Section 12 of the Iowa Constitution, which states that all persons — not just citizens — are entitled to bail before conviction except in capital cases, contending that a blanket presumption against release could conflict with that constitutional standard.
Tom Chapman, executive director of the Iowa Catholic Conference, echoed concerns about limiting bail, noting that federal law already provides for detention of certain noncitizens with qualifying criminal histories. He urged lawmakers to leave immigration enforcement primarily to the federal government and cautioned that the proposal would impose different bail standards based on immigration status.
Supporters framed the legislation as a safeguard aimed at restoring confidence in state systems. Republican Reps. Charley Thomson of Charles City and Samantha Fett of Carlisle signed off to advance the proposal out of subcommittee and on to the full House Judiciary Committee.
Fett said she backed advancing the bill because she views it as a commitment to integrity in government hiring and oversight. She pointed to the case involving the former Des Moines superintendent, arguing that earlier verification could have spared taxpayers significant expense. She characterized the proposal as a cost-saving measure that responds to concerns she says voters have raised.
Thomson, who chaired the subcommittee, similarly described the bill as an effort to reinforce the integrity of Iowa’s systems.
Comments: (319) 398-8499; tom.barton@thegazette.com
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